MASHKOOR ALAM Vs. AMIR BANO

JUDGEMENT

(1.) Heard learned Counsel for the appellants and perused the record. Present appeal has been filed against the judgment and decree dated 7.8.2014 passed by District Judge, Etah allowing the Civil Appeal No. 20 of 2008 filed by defendant-respondent arising out of judgment and decree dated 20.2.2008 passed by Additional Civil Judge (Jr. Div.), Court No. 23, Etah in O.S. No. 515 of 2003 decreeing the suit filed by plaintiffs/appellants.

(2.) Facts of the present case as taken by the plaintiffs in the plaint are that plot Nos. 544 Ka area 0.498 hectare, 546 Ka area 0.097 hectare and 520 area 0.028 hectare situated in village Ahdad-pur, Pargana Azam Nagar Tehsil Patiyali. District Etah recorded in the name of Manjoor Alam, father of appellants and after death of Sri Manjoor Alam in the year 1989 the aforesaid plots were recorded in the name of applicants who were minor at that time and opposite parties got executed a sale-deed dated 25.11.1987 with respect to two plots No. 544 ka and 546 ka from applicant Nos. 1, 2 and 3 by way of fraud, when the said fact came to their knowledge, they filed a suit being O.S. No. 515 of 2003 for cancellation of sale-deed dated 25.11.1987.

(3.) The Trial Court after considering oral and documentary evidence available on records vide order dated 20.2.2008 decreed the suit and cancelled the sale-deed dated 25.11.1987, challenged by defendants-respondents by filing Civil Appeal No. 20 of 2008, by order dated 7.8.2014 the Appellate Court had allowed the appeal. Aggrieved by the same, present appeal has been filed on the following substantial question of law.